No. 30

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, March 24, 2011.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Gilbert—present Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—present Haines—present Lund—present Rutledge—present

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—present MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—present

Callton—present Horn—present Meadows—present Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—present

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Kurt Heise, from the 20th District, offered the following invocation:

“Almighty and Everliving God, Giver of all Freedoms and Author of All Laws, we remember Your promise that whenever two or more are gathered together in Your Name, You are there also. Help us to call upon Your presence today as we take up our responsibilities to the people of this great state. Let us not be overwhelmed by the challenges that confront us, but rather give thanks that You are with us in our deliberations. Open our hearts to Your Spirit, and grant us kindness in our attitudes, mercy in our judgments, wisdom in our decisions, and understanding in our thinking.

All this we ask in confidence through Jesus Christ Our Lord, Who lives and reigns with You and the Holy Spirit, One God, forever and ever. Amen.”

Motions and Resolutions

Reps. Rutledge, Geiss, Talabi, Irwin, Ouimet, Rendon, Zorn, Goike, Shaughnessy, Howze, Durhal, Lane, Stapleton, Jackson, Hobbs, Brown, Darany, Dillon, LeBlanc, Liss, Slavens and Tyler offered the following resolution:

House Resolution No. 51.

A resolution to declare the week of April 11-15, 2011, as Graduate Education Week in the state of Michigan.

Whereas, A graduate education attracts students from across the nation and world to Michigan universities for advanced training; and

Whereas, In graduate certificate, masters, specialist and doctoral programs across the state, graduate educators are providing access to cutting edge knowledge and analytic skills essential to ensuring that Michigan workers are among the most productive, creative, and innovative in the world; and

Whereas, Graduate students make vital contributions to the teaching and research that underpins our new knowledge-based economy and supports community engagement while serving as teaching and research assistants; and

Whereas, Michigan graduate students continue to change the way we fuel Michigan’s economy by stimulating entrepreneurship, improving the quality of life, researching (to name a few) renewable energy sources, water quality, new technologies, agricultural productivity, transportation enhancements, sustainability, management of natural resources, disease prevention, medical innovations, healthcare delivery mechanisms, unique health care issues for children and the elderly; and

Whereas, Michigan teachers/faculty with advanced degrees are creating learning environments that assist Michigan’s children, young adults, and lifetime learners to become more productive and informed citizens who are able to meet Michigan’s workforce needs; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim the week of April 11-15, 2011, as Graduate Education Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Oakes, Brown, Dillon, LeBlanc, Liss and Slavens offered the following resolution:

House Resolution No. 52.

A resolution to declare April 12, 2011, as Pay Equity Day in the state of Michigan.

Whereas, Forty years after the passage of the Equal Pay Act and Title VII of the Civil Rights Act, women and people of color continue to suffer the consequences of inequitable pay differentials: and

Whereas, According to statistics released in 2009 by the U.S. Census Bureau, year-round, full-time working women in 2008 earned only 77% of the earnings of year-round full-time men, indicating little change or progress in pay equity: and

Whereas, According to a January 2002 report released by the General Accounting Office (the investigative arm of Congress), women managers in 7 of 10 industries surveyed, actually lost ground in closing the wage gap between 1995 and 2000; and

Whereas, According to an analysis of data in over 300 classifications provided by the U.S. Department of Labor Statistics in 2001, women earn less in every occupational classification for which enough data is available, including occupations dominated by women (e.g., cashiers, retail sales, registered nurses and teachers); and

Whereas, Higher education is not free from wage discrimination. According to a U.S. Department of Education analysis, reporting that, after controlling for rank, age, credentials, field of study and other factors, full-time female faculty members earn nearly 9% less than their male counterparts; and

Whereas, According to statistics released in 2009 by the U.S. Census Bureau, for year-round, full-time workers of all educational levels in 2008, Michigan women earned only 72% of the earnings of their male counterparts, with Michigan ranking 43rd in the nation; looking at year-round, full-time college educated workers, Michigan women earned 74% of the earnings of their male counterparts, with Michigan ranking in that category at 15th in the nation; and

Whereas, Over a working lifetime, this wage disparity costs the average American woman and her family $700,000 to $2 million in lost wages, impacting Social Security benefits and pensions; and

Whereas, Fair pay equity policies can be implemented simply and without undue costs or hardship in both the public and private sectors; and

Whereas, Fair pay strengthens the security of families today and eases future retirement costs, while enhancing the American economy; and

Whereas, April 12, 2011, symbolizes the time in the new year in which the wages paid to American women catch up to the wages paid to men from the previous year; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 12, 2011, as Pay Equity Day in the state of Michigan. We urge Michigan’s citizens to recognize the full value of women’s skills and significant contributions to the labor force, and encourage businesses to conduct an internal pay evaluation to ensure women are being paid fairly.

The resolution was referred to the Committee on Commerce.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

Senate Bill No. 188, entitled

A bill to amend 1994 PA 295, entitled “An act to require persons convicted of certain offenses to register; to prohibit certain individuals from engaging in certain activities within a student safety zone; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions,” by amending sections 2, 3, 4, 4a, 5, 5a, and 5b (MCL 28.722, 28.723, 28.724, 28.724a, 28.725, 28.725a, and 28.725b), section 2 as amended by 2005 PA 301, section 3 as amended by 1999 PA 85, section 4 as amended by 2004 PA 240, section 4a as amended and section 5b as added by 2004 PA 237, section 5 as amended by 2006 PA 402, and section 5a as amended by 2005 PA 322, and by adding section 3a.

The Senate has amended the House amendments as follows:

1. Amend House amendment No. 5, page 13, following line 13, after “520E” by inserting “OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520E,”.

The Senate has concurred in the House amendments as amended, ordered that the bill be given immediate effect and agreed to the title as amended.

The Speaker announced that pursuant to Rule 42, the bill be laid over one day.

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment to the House amendments made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 56 Yeas—104

Agema Gilbert Liss Pscholka

Ananich Glardon Lori Rendon

Barnett Haines Lund Rogers

Bauer Hammel Lyons Rutledge

Bledsoe Haugh MacGregor Santana

Bolger Haveman MacMaster Schmidt, R.

Brown Heise McBroom Schmidt, W.

Brunner Hobbs McCann Scott

Bumstead Hooker McMillin Segal

Byrum Horn Meadows Shaughnessy

Callton Hovey-Wright Melton Shirkey

Cavanagh Howze Moss Slavens

Clemente Hughes Muxlow Smiley

Constan Huuki Nathan Somerville

Cotter Jackson Nesbitt Stallworth

Crawford Jacobsen O’Brien Stamas

Daley Jenkins Oakes Stanley

Damrow Johnson Olson Stapleton

Darany Kandrevas Olumba Switalski

Denby Knollenberg Opsommer Tlaib

Dillon Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Foster LaFontaine Pettalia Walsh

Franz LeBlanc Poleski Womack

Geiss Lindberg Potvin Yonker

Genetski Lipton Price Zorn

Nays—6

Durhal Goike Lane Talabi

Forlini Irwin

In The Chair: Walsh

Third Reading of Bills

House Bill No. 4013, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 57 Yeas—99

Agema Geiss Lindberg Pscholka

Ananich Genetski Liss Rendon

Barnett Gilbert Lori Rogers

Bledsoe Glardon Lund Rutledge

Bolger Goike Lyons Santana

Brown Haines MacGregor Schmidt, R.

Brunner Hammel MacMaster Schmidt, W.

Bumstead Haugh McBroom Scott

Byrum Haveman McCann Segal

Callton Heise McMillin Shaughnessy

Cavanagh Hooker Meadows Shirkey

Clemente Horn Melton Slavens

Constan Hughes Moss Smiley

Cotter Huuki Muxlow Somerville

Crawford Jackson Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Switalski

Darany Johnson Olson Talabi

Denby Kandrevas Opsommer Townsend

Dillon Knollenberg Ouimet Tyler

Durhal Kowall Outman Walsh

Farrington Kurtz Pettalia Womack

Forlini LaFontaine Poleski Yonker

Foster Lane Potvin Zorn

Franz LeBlanc Price

Nays—11

Bauer Howze Nathan Stapleton

Hobbs Irwin Olumba Tlaib

Hovey-Wright Lipton Stallworth

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Constan, Crawford, Damrow, Darany, Farrington, Forlini, Franz, Geiss, Heise, Hooker, Horn, Lindberg, Liss, Lori, Lyons, MacGregor, Moss, O’Brien, Opsommer, Poleski, Potvin, Rendon, Smiley, Stamas, Walsh, Yonker and Zorn were named co‑sponsors of the bill.

House Bill No. 4366, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 58 Yeas—106

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bauer Haines Lori Rogers

Bledsoe Hammel Lund Rutledge

Bolger Haugh Lyons Santana

Brown Haveman MacGregor Schmidt, R.

Brunner Heise MacMaster Schmidt, W.

Bumstead Hobbs McBroom Scott

Byrum Hooker McCann Segal

Callton Horn Meadows Shaughnessy

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Gilbert Lindberg

Nays—4

Agema Genetski McMillin Shirkey

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4367, entitled

A bill to amend 1986 PA 196, entitled “Public transportation authority act,” by amending section 4 (MCL 124.454).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 59 Yeas—106

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bauer Haines Lori Rogers

Bledsoe Hammel Lund Rutledge

Bolger Haugh Lyons Santana

Brown Haveman MacGregor Schmidt, R.

Brunner Heise MacMaster Schmidt, W.

Bumstead Hobbs McBroom Scott

Byrum Hooker McCann Segal

Callton Horn Meadows Shaughnessy

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Gilbert Lindberg

Nays—4

Agema Genetski McMillin Shirkey

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 141, entitled

A bill to authorize the department of natural resources to accept and convey certain real property in Gladwin county; to prescribe certain conditions for the acceptance and conveyance; to provide for disposition of the revenue derived from the conveyance; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 60 Yeas—109

Agema Glardon Lipton Pscholka

Ananich Goike Liss Rendon

Barnett Haines Lori Rogers

Bauer Hammel Lund Rutledge

Bledsoe Haugh Lyons Santana

Bolger Haveman MacGregor Schmidt, R.

Brunner Heise MacMaster Schmidt, W.

Bumstead Hobbs McBroom Scott

Byrum Hooker McCann Segal

Callton Horn McMillin Shaughnessy

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Howze Melton Slavens

Constan Hughes Moss Smiley

Cotter Huuki Muxlow Somerville

Crawford Irwin Nathan Stallworth

Daley Jackson Nesbitt Stamas

Damrow Jacobsen O’Brien Stanley

Darany Jenkins Oakes Stapleton

Denby Johnson Olson Switalski

Dillon Kandrevas Olumba Talabi

Durhal Knollenberg Opsommer Tlaib

Farrington Kowall Ouimet Townsend

Forlini Kurtz Outman Tyler

Foster LaFontaine Pettalia Walsh

Franz Lane Poleski Womack

Geiss LeBlanc Potvin Yonker

Genetski Lindberg Price Zorn

Gilbert

Nays—1

Brown

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4309, entitled

A bill to amend 1988 PA 57, entitled “An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; to provide for fees; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies,” by amending the title and section 10 (MCL 124.610), the title as amended by 2006 PA 652.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 61 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4310, entitled

A bill to amend 1967 PA 204, entitled “Metropolitan transportation authorities act of 1967,” by amending section 13 (MCL 124.413).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 62 Yeas—64

Agema Goike Lori Poleski

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McBroom Rogers

Daley Hughes McMillin Schmidt, W.

Damrow Huuki Moss Scott

Denby Jackson Muxlow Shaughnessy

Farrington Jacobsen Nesbitt Shirkey

Forlini Jenkins O’Brien Somerville

Foster Johnson Olson Stamas

Franz Knollenberg Opsommer Tyler

Genetski Kowall Ouimet Walsh

Gilbert Kurtz Outman Yonker

Glardon LaFontaine Pettalia Zorn

Nays—46

Ananich Durhal Lipton Segal

Barnett Geiss Liss Slavens

Bauer Hammel McCann Smiley

Bledsoe Haugh Meadows Stallworth

Brown Hobbs Melton Stanley

Brunner Hovey-Wright Nathan Stapleton

Byrum Howze Oakes Switalski

Cavanagh Irwin Olumba Talabi

Clemente Kandrevas Rutledge Tlaib

Constan Lane Santana Townsend

Darany LeBlanc Schmidt, R. Womack

Dillon Lindberg

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4311, entitled

A bill to amend 1967 (Ex Sess) PA 8, entitled “An act to provide for intergovernmental transfers of functions and responsibilities,” by amending section 4 (MCL 124.534).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 63 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved to reconsider the vote by which the House passed House Bill No. 4310.

The motion prevailed, a majority of the members serving voting therefor.

Third Reading of Bills

House Bill No. 4310, entitled

A bill to amend 1967 PA 204, entitled “Metropolitan transportation authorities act of 1967,” by amending section 13 (MCL 124.413).

(The bill was passed earlier today, see today’s Journal, p. 415.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 64 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

In The Chair: Walsh

House Bill No. 4312, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 65 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4347, entitled

A bill to amend 1917 PA 253, entitled “An act to authorize the transfer of moneys from the general fund of counties, in certain instances, to the county road fund of said counties, to be used in the construction, maintenance and repair of highways,” by amending section 1 (MCL 247.121).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 66 Yeas—110

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski Lindberg

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4258, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2882a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 67 Yeas—110

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski Lindberg

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Agema, Ananich, Barnett, Bledsoe, Brown, Brunner, Bumstead, Byrum, Cavanagh, Constan, Cotter, Crawford, Daley, Darany, Denby, Dillon, Durhal, Forlini, Foster, Franz, Geiss, Gilbert, Goike, Haines, Haugh, Haveman, Heise, Hooker, Horn, Hovey-Wright, Howze, Hughes, Huuki, Jackson, Jacobsen, Jenkins, Johnson, Knollenberg, Kurtz, LaFontaine, LeBlanc, Lindberg, Lori, Lund, MacGregor, Melton, Muxlow, Nesbitt, Oakes, Opsommer, Ouimet, Outman, Pettalia, Poleski, Potvin, Price, Pscholka, Rendon, Rutledge, Santana, Roy Schmidt, Wayne Schmidt, Segal, Slavens, Smiley, Somerville, Stamas, Stapleton, Talabi, Tlaib, Townsend, Tyler, Walsh, Yonker and Zorn were named co‑sponsors of the bill.

Senate Bill No. 5, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 547.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 68 Yeas—107

Agema Genetski Lindberg Rendon

Ananich Gilbert Lipton Rogers

Barnett Glardon Liss Rutledge

Bauer Goike Lori Santana

Bledsoe Haines Lund Schmidt, R.

Bolger Hammel Lyons Schmidt, W.

Brown Haugh MacGregor Scott

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Melton Smiley

Clemente Howze Moss Somerville

Constan Hughes Muxlow Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jackson Oakes Stapleton

Damrow Jacobsen Olson Switalski

Darany Jenkins Olumba Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Geiss LeBlanc Pscholka

Nays—3

Hooker McMillin Nathan

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”

The House agreed to the full title.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4192, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as added by 2001 PA 231.

The bill was read a second time.

Rep. Scott moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4369, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as added by 2001 PA 231.

The bill was read a second time.

Rep. Liss moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4389, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16185 (MCL 333.16185), as added by 2006 PA 25.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

The Speaker resumed the Chair.

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, March 24:

House Bill Nos. 4479 4480 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492

House Joint Resolution S

The Clerk announced that the following Senate bill had been received on Thursday, March 24:

Senate Bill No. 263

Reports of Standing Committees

The Committee on Judiciary, by Rep. Walsh, Chair, reported

House Bill No. 4349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7524 (MCL 333.7524), as amended by 2006 PA 558.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville and Constan

Nays: Reps. Meadows, Brown, Irwin, Cavanagh and Olumba

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Thursday, March 24, 2011

Present: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, March 24, 2011

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, March 24, 2011

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Stallworth, Darany, Segal and Hovey-Wright

Absent: Reps. Scott and Womack

Excused: Reps. Scott and Womack

Messages from the Senate

House Concurrent Resolution No. 10.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see House Journal No. 29, p. 377.)

The Senate has adopted the concurrent resolution and named Senators Booher, Meekhof and Schuitmaker as co‑sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 263, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17902 (MCL 333.17902), as added by 2006 PA 54.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Introduction of Bills

Reps. Oakes, Haugh, Lane, Smiley, Stanley, Melton, Horn, Wayne Schmidt, Switalski, Meadows and Olumba introduced

House Bill No. 4493, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 2, 4, 7, 9, and 10 (MCL 207.552, 207.554, 207.557, 207.559, and 207.560), section 2 as amended by 2010 PA 273, section 4 as amended by 2004 PA 437, section 7 as amended by 2008 PA 457, section 9 as amended by 2008 PA 516, and section 10 as amended by 1996 PA 1.

The bill was read a first time by its title and referred to the Committee on Commerce.

Reps. Oakes, Haugh, Lane, Smiley, Stanley, Melton, Horn, Wayne Schmidt, Pettalia, Switalski, Meadows and Olumba introduced

House Bill No. 4494, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 11, 14, 15, 16, and 16a (MCL 207.561, 207.564, 207.565, 207.566, and 207.566a), section 11 as amended by 2007 PA 195, section 14 as amended by 2008 PA 457, section 15 as amended by 2010 PA 122, section 16 as amended by 1982 PA 417, and section 16a as amended by 2008 PA 306.

The bill was read a first time by its title and referred to the Committee on Commerce.

Reps. Walsh, Tlaib, Dillon, Liss, Wayne Schmidt, Barnett, Heise, Cavanagh, Price, Slavens, Brunner, Nathan, Lipton, Meadows and Womack introduced

House Bill No. 4495, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Walsh, Liss, Franz, Tyler, Pettalia, Poleski, Huuki, Knollenberg, Crawford, Bumstead, Lund, Yonker, Zorn, LeBlanc, Lyons, Forlini, Pscholka, Jacobsen, Constan, Heise, Opsommer, Kowall, Shirkey, Denby, Goike, Nesbitt, Rogers, Hobbs, Wayne Schmidt, Potvin, Haveman, Lori, McMillin, Genetski, Slavens, Hooker, Haugh, Rutledge, Hammel, Hughes, Melton, Cavanagh, McBroom, Damrow, Outman, Gilbert, Geiss, Rendon, Haines, Olson, Somerville, MacMaster, Womack, Daley, Shaughnessy, LaFontaine, Muxlow, Switalski and Olumba introduced

House Bill No. 4496, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. Ouimet and Moss introduced

House Bill No. 4497, entitled

A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Moss and Gilbert introduced

House Bill No. 4498, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 560.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Franz and Bumstead introduced

House Bill No. 4499, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32503 and 32512 (MCL 324.32503 and 324.32512), section 32503 as amended by 2004 PA 325 and section 32512 as amended by 2003 PA 14.

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Rep. Kowall introduced

House Bill No. 4500, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 53 (MCL 24.253), as amended by 2004 PA 23.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Reps. Opsommer, Knollenberg and Kowall introduced

House Bill No. 4501, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1305, 1307, and 1311 (MCL 324.1305, 324.1307, and 324.1311), as added by 2004 PA 325.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Rep. Kowall introduced

House Bill No. 4502, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2002 PA 472.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. McBroom, Tyler, Huuki, Horn, Crawford, Bumstead, McMillin, Opsommer and Shirkey introduced

House Bill No. 4503, entitled

A bill to regulate raising of swine as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Tyler, McBroom, Huuki, Horn, Crawford, Bumstead, McMillin, Opsommer and Shirkey introduced

House Bill No. 4504, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103 and 41102 (MCL 324.40103 and 324.41102), as amended by 2000 PA 191.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Tyler, McBroom, Huuki, Horn, Crawford, Bumstead, McMillin, Opsommer and Shirkey introduced

House Bill No. 4505, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 5 (MCL 287.955), as amended by 2006 PA 561.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. McBroom, Tyler, Huuki, Horn, Crawford, Bumstead, McMillin, Opsommer and Shirkey introduced

House Bill No. 4506, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2005 PA 54.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. McBroom, Tyler, Huuki, Horn, Crawford, McMillin, Opsommer and Shirkey introduced

House Bill No. 4507, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending sections 2, 3, 4, 5, 6, 7, and 10 (MCL 287.952, 287.953, 287.954, 287.955, 287.956, 287.957, and 287.960), as amended by 2006 PA 561.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Rep. McMillin introduced

House Bill No. 4508, entitled

A bill to amend 1979 PA 53, entitled “An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; to prohibit the sending of certain electronic messages; and to prescribe penalties,” by amending section 5 (MCL 752.795), as amended by 1996 PA 326.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Announcements by the Clerk

March 24, 2011

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of Unemployment Insurance Benefit Overpayments and Nonmonetary Eligibility Determinations, Unemployment Insurance Agency, Department of Energy, Labor & Economic Growth, March 2011.

Gary L. Randall

Clerk of the House

______

Rep. Pettalia moved that the House adjourn.

The motion prevailed, the time being 2:20 p.m.

The Speaker declared the House adjourned until Tuesday, April 12, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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